US Citizenship

Sorry for the duplicate post as last post went in wrong order. Will appreciate any advice. Thanks. ____________________________________________ Sharon and Kidzhearts. Thanks very much for your replies. Sharon, you have mentioned that rules on contact are relaxed for a relative adoption. I will try to find the definition of an eligible orphan from the net but wanted to request your advise on if we can contact the child during the process. Also, if one of us gets a jobs in US immediately and if we have to move to US after doing the home study in India, would that break any rules? As we have been in India for the past 6 years, hope the physical presence rule is satisfied. I found the following info from CARA website: 4.4 Foreign nationals living in India In case of foreigners who have been living in India for one year or more, the HSR and other connected documents may be prepared by the RIPA which is processing the application of such foreigners for the guardianship of the child. An undertaking should be given by the concerned Embassy/High Commission that the child will be legally adopted in that country and also mention an agency/orgn. who would send the progress reports and take care of the child in case of any disruption as and when the child is taken abroad. However a certificate is required from the competent authority in the country of permanent residence of the FPAP indicating that the child shall be allowed to enter the country and get adopted in due course. 4.5 Rights of the child taken abroad When the Court makes an order appointing adoptive parents as the guardians of the child, the order shall contain an undertaking of the adoptive parents that they shall protect and safeguard the best interest of the child and that the child would be legally adopted in the receiving State not later than two years from the date of the order. On such adoption in the receiving State, subject to the Laws of the country the child would have all rights recognized under International Law.

Our Friends who have recently Adopted from India. Their Adoption Process took 18 monthes!! They were informed by their Agency. That it would also take much longer, but 2 Courts Systems were 'Fast Tracked', or reduced from 3 Court Systems to only 1 Court System. Daughter was 7 monthes old. When she was 'Pre-Identified' 'Earmarked' as a Referral. When they brought Daughter home this last October. Daughter had just turned 2 years old. They were approved as the 'Adoptive Family'. Without Guardianship?? 4.5 Rights of the child taken abroad When the Court makes an order appointing adoptive parents as the guardians of the child, the order shall contain an undertaking of the adoptive parents that they shall protect and safeguard the best interest of the child and that the child would be legally adopted in the receiving State not later than two years from the date of the order. On such adoption in the receiving State, subject to the Laws of the country the child would have all rights recognized under International Law. We would all question how old this Policy is?? As well if it is still considered Factual Indian Adoption Policy?? 4.4 Foreign nationals living in India In case of foreigners who have been living in India for one year or more, the HSR and other connected documents may be prepared by the RIPA which is processing the application of such foreigners for the guardianship of the child. An undertaking should be given by the concerned Embassy/High Commission that the child will be legally adopted in that country and also mention an agency/orgn. who would send the progress reports and take care of the child in case of any disruption as and when the child is taken abroad. However a certificate is required from the competent authority in the country of permanent residence of the FPAP indicating that the child shall be allowed to enter the country and get adopted in due course I would be more concerned with United States Immigration!! All 6 of us would also caution you. That if you complete the Adoption without Our United States Immigration's Adoption Visa or Approval. Legally, you are then Financially Responsible, for a Child until the child turns 18 years in India!!

As to the definition of an eligible orphan, the following children WILL qualify for adoption, if they meet other requirements, such as age: 1. Child has been living with a single parent who cannot support him/her at a level considered appropriate IN HIS/HER COUNTRY of residence, not by U.S. standards. Note: if the single parent is now living with a new partner, the USCIS will sometimes claim that the partner is a stepparent, even though the individual has not done a stepparent adoption, and may deny the visa. This can be appealed, and you might prevail, but it's a long process and there are no guarantees. 2. Child's parents have both passed away (death certificates needed.) 3. Child has been found abandoned. Birthparents are unknown or have disappeared, with no contact with the child in a substantial period of time. 4. Child was removed from parents' custody, and parental rights were permanently terminated, by a legitimate court for reasons such as abuse or neglect. 5. Child went through a legal relinquishment and has been living in an orphanage or other location for a long period of time (usually defined as a year or so) without any contact with the birthparents. (USCIS tries to ensure that no birthparents place their child temporarily, as a way to skirt the orphan definition requirements and let their child come to the U.S.). In point of fact, the U.S. usually accepts a non-related child as an orphan if he/she comes from a Hague country that attests to the status of the child as legitimately available for adoption. However, it is not clear how it would react to a relative's child, since many cases of visa fraud (a felony) involve sham relative adoptions where the birthparent has no intention of relinquishing parental rights but wants the child to live with relatives in the U.S. temporarily. Sharon

In general, India requires foreigners to obtain approved Hague paperwork, and then to travel to India, where a court will issue a decree of guardianship. Under the terms of the guardianship agreement, the adoption agency will ensure that the new parents finalize the adoption in the U.S. and obtain his/her citizenship. My understanding is that people of certain religious backgrounds who are no longer living in India ARE allowed to finalize in India. However, only finalized adoptions that meet Hague requirements -- NOT those completed through the domestic adoption process -- will qualify children to come to the U.S. on adoption visas. If you pick a long-experienced adoption agency to conduct your Hague adoption, it will know the rules regarding guardianship vs. final adoption in India. Sharon

All of those provisions mentioned in 4.4 are part of the current Hague process. As an example, the adopting family must use a Hague-accredited U.S. agency that will "send the progress reports and take care of the child in case of any disruption", and also ensure that the adoption is done correctly according to Hague, Indian, and U.S. law. Also, the certificate from the competent authority in the prospective parents' country of residence is what we call an "Article 5 letter" and parents are urged not to take custody of a child until that notice is prepared by the U.S. Embassy and given to CARA.All of the provisions in 4.5 are basically what I explained previously -- namely that you will need a Hague-accredited U.S. agency that will help with the adoption and provide the needed assurances that it will get you to finalize the adoption within two years. (It often takes at least six months of post-placement reports to qualify a parent for starting a finalization in his/her home state.) If you move to the U.S. after starting a homestudy in India, you won't violate any laws, but you will need a new homestudy that reflects the laws of the state in which you will be living and the conditions in the home where you will be living -- for example, whether it meets your state's safety requirements. In the U.S., a homestudy is not cheap. Depending on how many counseling sessions are required, how many home visits are required, how long it takes a social worker to get from her office to your home, the hourly rate of social workers in your area, etc., a homestudy can cost up to, or even over, $5,000. You don't want to pay that PLUS the cost of having a homestudy done by someone who is flown in to India. That's the main reason why I would urge you to wait till you get to the U.S. before starting your homestudy. But also, homestudies take a lot of your time. You have at least three separate meetings with a social worker, a mandatory number of Hague training class hours, an inspection of your home, sometimes the writing of an autobiography, etc. Why go through this more than once?Do remember that the homestudy must be accurate as of the date you go to the U.S. Embassy to get your child's visa, which (unfortunately) may be as much as 18 months to 2.5 years after you begin the adoption process. You may need to do a mandatory homestudy update if your state has a one-year validity period for homestudies (some do), and you will also need to redo other documents, before you actually complete your adoption. Do remember that, right now, you may not be able to adopt at all, and it makes no sense to have a homestudy yet. At this time, Indians with OCI or PIO cards can adopt only children with special needs. Indians with NRI status can adopt children without known special needs only if they are one of 50 families worldwide accepted by CARA in a given month. Check with the U.S. State Department to be sure that these rules cover adoptions of relatives' children.My recommendation to you is that you wait to move to the U.S. to start your homestudy, and submit your I-800A application to USCIS as soon as the homestudy report is finished, as long as CARA is accepting applications from people with your status -- NRI, etc.). (You can't submit the I-800A without the supporting documents, including the homestudy report, and if you have I-800A approval too early, it will expire before you finish your adoption.) At that point, choose a Hague-accredited agency that is long experienced and has good references from people who have done Indian adoptions, and that is willing to work on relative adoptions, if that is what you want to do. Not all agencies will work on relative adoptions, as they often find that the children are not actually eligible to be adopted, per Indian and U.S. law.Once you have chosen your agency, just put yourself in its capable hands. It will tell you what documents it needs and how to prepare them. Do EXACTLY what is specified, or they may be rejected by the U.S. or India. Once your initial documents are submitted, prepare to wait... and wait some more. Your agency will tell you, at various steps in the process, if it needs additional documents. The good news is that, at some point, you will be able to go to pick up your child, obtain his/her visa, and bring him/her home.Sharon

All of those provisions mentioned in 4.4 are part of the current Hague process. As an example, the adopting family must use a Hague-accredited U.S. agency that will "send the progress reports and take care of the child in case of any disruption", and also ensure that the adoption is done correctly according to Hague, Indian, and U.S. law. Also, the certificate from the competent authority in the prospective parents' country of residence is what we call an "Article 5 letter" and parents are urged not to take custody of a child until that notice is prepared by the U.S. Embassy and given to CARA. All of the provisions in 4.5 are basically what I explained previously -- namely that you will need a Hague-accredited U.S. agency that will help with the adoption and provide the needed assurances that it will get you to finalize the adoption within two years. (It often takes at least six months of post-placement reports to qualify a parent for starting a finalization in his/her home state.) If you move to the U.S. after starting a homestudy in India, you won't violate any laws, but you will need a new homestudy that reflects the laws of the state in which you will be living and the conditions in the home where you will be living -- for example, whether it meets your state's safety requirements. In the U.S., a homestudy is not cheap. Depending on how many counseling sessions are required, how many home visits are required, how long it takes a social worker to get from her office to your home, the hourly rate of social workers in your area, etc., a homestudy can cost up to, or even over, $5,000. You don't want to pay that PLUS the cost of having a homestudy done by someone who is flown in to India. That's the main reason why I would urge you to wait till you get to the U.S. before starting your homestudy. But also, homestudies take a lot of your time. You have at least three separate meetings with a social worker, a mandatory number of Hague training class hours, an inspection of your home, sometimes the writing of an autobiography, etc. Why go through this more than once? Do remember that the homestudy must be accurate as of the date you go to the U.S. Embassy to get your child's visa, which (unfortunately) may be as much as 18 months to 2.5 years after you begin the adoption process. You may need to do a mandatory homestudy update if your state has a one-year validity period for homestudies (some do), and you will also need to redo other documents, before you actually complete your adoption. Do remember that, right now, you may not be able to adopt at all, and it makes no sense to have a homestudy yet. At this time, Indians with OCI or PIO cards can adopt only children with special needs. Indians with NRI status can adopt children without known special needs only if they are one of 50 families worldwide accepted by CARA in a given month. Check with the U.S. State Department to be sure that these rules cover adoptions of relatives' children. My recommendation to you is that you wait to move to the U.S. to start your homestudy, and submit your I-800A application to USCIS as soon as the homestudy report is finished, as long as CARA is accepting applications from people with your status -- NRI, etc.). (You can't submit the I-800A without the supporting documents, including the homestudy report, and if you have I-800A approval too early, it will expire before you finish your adoption.) At that point, choose a Hague-accredited agency that is long experienced and has good references from people who have done Indian adoptions, and that is willing to work on relative adoptions, if that is what you want to do. Not all agencies will work on relative adoptions, as they often find that the children are not actually eligible to be adopted, per Indian and U.S. law. Once you have chosen your agency, just put yourself in its capable hands. It will tell you what documents it needs and how to prepare them. Do EXACTLY what is specified, or they may be rejected by the U.S. or India. Once your initial documents are submitted, prepare to wait... and wait some more. Your agency will tell you, at various steps in the process, if it needs additional documents. The good news is that, at some point, you will be able to go to pick up your child, obtain his/her visa, and bring him/her home. Sharon

Skva, With the Georgia Agency, that you are intending to use. They do not allow any type of Physical contact between you and the Child? You may want to consider other Agencies?? If contact is of awesome importance to you and your wife as a Family!! I second and well Advocated what Sharon said previously as well also!!

I think you misunderstood something that was discussed, which has nothing to do with the adoption agency. Under the Hague treaty, people planning to adopt an unrelated child internationally cannot go visiting orphanages and picking one out or arranging for staff to pick one out. They also can't go around talking to birthmothers. The goal is to eliminate corruption; in many countries, individuals or their facilitators have bribed orphanages to set aside the healthiest children for them, or bribed birthparents to relinquish children. Sometimes orphanages were even induced to buy children from traffickers who stole them, and then basically sell them for a higher price to well to do prospective parents. Once a child has been referred to prospective parents, they may or must visit the child for a period of time prior to the finalization, in some countries. It is important for them to remember, however, that they shouldn't get too involved with a child before the U.S. Embassy issues an Article 5 letter and the foreign country officially allows the finalization. If the Article 5 letter isn't forthcoming, then the foreign country won't allow the adoption to be completed. Both the child and the prospective parents can be devastated. Sharon

Interpretation please?? My Friends who have Adopted from the Agency that SKVA is intending to use. They received no or zero information regarding their Daughter's Health and Well Being. Until the Adoption was Finalized and they were officially under India Law the Adoptive Parents of their Daughter. They even felt at the end that there was great uncertainity, and they would be unable to Adopt?? Personally to me as a Mom. This 'Power Play' or Component Totally by the Placement Agency would drive me 'Bananas'!! They also started the process with their Daughter Referred when she was 8 months old. Daughter had just turned, or was 2 years old by the time that India approved them. Due to the Orphanage Conditions. Daughter weighed only 10 pounds as a 2 year old also!! There was tremendous concern in Advocacy for her Health and Welfare!! Yet nothing that we could Advocate!! Other Agencies at least send pictures, Welfare and Medical Updates on a regular basis!! Some Agencies will also allow Adoptive Parents Fostering In-Country!! Still and Personally to me as a Mom. This 'Power Play' or Component Totally by the Placement Agency would drive me 'Bananas'!!

Thanks so much for taking time to provide us with the valuable information. We definitely want to follow all the procedures and will do that. It is just that the timeline seems to be very long (they have made it this way for good reasons..) Thanks again for your time and help.

Skva, I am receiving 'Mixed Messages' from you, and would like clarification please?? You have stated both 'Child is a Relative,' and Child is currently in a Children's Home found or located by a Family Member?? I think these would be considered 2 different types of Adoption?? 'Kinship' Adoption may be alot quicker in time?? Than Compared to a Traditional International Adoption??

Hi Sharon, my husband is Indian and I am indian origin, resident in india for 25 years but OCI holder. I have so far followed an in-country adoption as I am not aware of specific rules for OCI. Am I likely to fail hurdles along the way. My homestudy report is likely to have the fact that I was born abroad but i haven't been asked for my nationality specifically so far. Please help!

Hi Sharon, Thanks for the wonderful service you are providing by sharing your knowledge on these forums. I see that you have been an active member helping people on these forums. In your earlier post #2 dated 24-Aug-2012 in this thread, you mentioned that the couple should have worked with a licensed US adoption agency. If an OCI couple is living in India permanently, do you think that this applies? I am an OCI living in India since many years and have started the adoption process with CARA. After I got the NOC from the US Embassy they have assigned my case to a RIPA for home study. I have not been in touch with any US adoption agency since I live in India, and CARA has not told me otherwise. Do you think we are we doing something wrong? Note: The NOC letter rom the US Embassy mentions a 2 year custody requirement before applying for IR2 immigrant visa petition and that Article 5 letter is not a requirement in IR2 cases. Since I plan to continue living in India, that is not an issue for us.

The U.S. Embassy is correct. First, you need to find some way of obtaining an Indian passport for the child, which may not even be possible, because your adoption does not conform to Indian and Hague requirements; consult a reputable Indian attorney, but recognize that CARA takes the Hague requirements very seriously. And, second, you will need to live overseas with the child for two years before you can get a U.S. visa for your child, since you did not follow U.S. and Hague requirements for an adoption visa. While you can talk to a U.S. immigration/adoption attorney about the U.S. side, please understand that the law is very clear and that even your Senator or Congressman is not going to be able to offer much assistance. Sharon

The other answers aren't accurate because they don't distinguish between “citizenship” and other immigration statuses like “lawful permanent residence.” There aren't “ten” ways to get US citizenship. There are the following eight (8) general ways, in order of popularity:Being born in the geographic United States (but this does not work if your parents are foreign diplomats);Being born outside the United States to a parent or parents who are US citizens (the rules for this are very complex);Obtaining a “green card” (and this can be very hard to do, although there are multiple pathways to a green card) and applying for “naturalization” once you qualify, most often by having the required physical presence and continuous residence;Getting a green card as a child and getting automatic citizenship when your parent becomes a US citizen or when a US citizen adopts you while you are under 18;Joining the US Armed Forces during a “wartime” period and then naturalizing through military service (no green card is required for this);Being born a US National (today, that means being born in American Samoa and Swain’s Island) and then moving to the mainland United States and applying for citizenship;Working for the US intelligence community and getting citizenship as a reward for your valuable service;Getting Congress to pass a special law making you a USA citizen.